FACTSHEET

OFFICE OF HAWAIIAN AFFAIRS

BOARD OF TRUSTEES

 

The Office of Hawaiian Affairs (OHA) was established to hold title to all real and personal property to be held in trust for Native Hawaiians and Hawaiians. Article XII, Section 5.

 

COMPOSITION OF MEMBERS (HRS § 13D-1)

 

The members of the Board of Trustees, Office of Hawaiian Affairs, are elected at‑large by qualified voters in the State of Hawaii. The board consists of the following nine (9) members:

 

·         one (1) resident trustee from the Island of Hawaii

 

·         one (1) resident trustee from the Island of Maui

 

·         one (1) resident trustee from the Island of Molokai

 

·         one (1) resident trustee from the Island of Kauai

 

·         one (1) resident trustee from the Island of Oahu

 

·         four (4) at-large trustees with no island residency required

 

TERM OF OFFICE (HRS § 13D‑5)

 

Each board member’s term of office is four (4) years beginning on the day of the General Election at which they are elected, or if elected at a Primary Election, on the day of the General Election immediately following the Primary Election at which they are elected, and ending on the day of the second General Election after their election. Members of the Board may be re‑elected without restriction as to the number of terms.

 

STAGGERING OF MEMBERS (HRS § 13D‑5)

 

The elections for the nine member Board of Trustees are staggered so three At-Large Trustees, the Oahu Resident Trustee, and the Maui Resident Trustee (i.e. five seats) are elected in one election year and the remaining At-Large Trustee, Hawaii Resident Trustee, Kauai Resident Trustee, and Molokai Resident Trustee (i.e. four seats) are elected in the next election year.

 

 

As such, three At-Large Trustees, the Oahu Resident Trustee, and the Maui Resident Trustee will be up for election in 2014, 2018, 2022, and so on.

 

Similarly, one At-Large Trustee, the Hawaii Resident Trustee, the Kauai Resident Trustee, and the Molokai Resident Trustee will be up for election in 2016, 2020, 2024, and so on.

 

FILING DEADLINE (HRS § 12-6)

 

For the 2014 Election, the deadline to file nomination papers for the Office of Hawaiian Affairs is Tuesday, June 3, 2014, 4:30 p.m. 

 

Nomination papers will be available on February 3, 2014 at the Office of Elections, and the offices of the county clerk for the counties of Hawaii, Maui, and Kauai.  Among the nomination paper requirements is that it be signed by twenty five currently registered voters.

 

QUALIFICATIONS OF MEMBERS (HRS § 13D‑2)

 

·         Currently registered voter

 

·         Residency on island for a seat requiring residency

 

ELECTION OF MEMBERS (HRS § 13D‑4)

 

Members of the Board of Trustees, Office of Hawaiian Affairs, are nominated at a Primary Election and elected at the General Election in every even numbered year. Nomination papers must be obtained from and submitted to the Chief Election Officer in a prescribed manner. Contests are conducted in an at-large format, affording every qualified voter in the State of Hawaii the opportunity to vote in all contests on the ballot that year.  For example, voters on Oahu are not restricted to voting in the Oahu Resident Trustee or At-Large Trustee contests, but are also qualified to vote in the Maui Resident Trustee, Molokai Resident Trustee, and Kauai Resident Trustee that may appear on the ballot, depending on the seats up for election that year.

 

The law provides for slightly different procedures for Island Resident and At-Large Trustees to appear on the ballot and to be elected, which are discussed below:

 

·         Island Resident Trustees

 

In terms of the seats requiring residency on a particular island, if there is only one candidate at the close of filing, the candidate is immediately deemed duly and legally elected.  HRS § 13D-4(e)(1).

 

 

If there are only two candidates for a residency seat, at the close of filing, then they both automatically appear on the General Election ballot and do not need to appear on the Primary Election ballot.  HRS § 13D-4(e)(2). 

 

However, if there are three or more candidates for the seat, then they must appear on the Primary Election ballot.  If this occurs, then if a candidate in the Primary Election receives more than fifty percent of the votes cast then the person is deemed elected at that time and the contest will not need to appear on the General Election ballot.  Otherwise, the two candidates receiving the highest number of votes will be deemed nominated and move on to the General Election. HRS § 13D-4(e)(3).

 

·         At-Large Trustees

 

In a year in which there is a single At-Large Trustee position on the ballot, the following occurs:

 

1.         If there is only one candidate, then the candidate will be deemed automatically elected at the close of filing.  HRS § 13D-4(e)(1).

 

2.         If there are only two candidates then they both automatically appear on the General Election ballot and do not need to appear on the Primary Election ballot.  HRS § 13D-4(e)(2).

 

3.         However, if there are three or more candidates for the seat, then they must appear on the Primary Election ballot.  If this occurs, then the two candidates receiving the highest number of votes will be deemed nominated and move on to the General Election. HRS § 13D-4(e)(3).

 

4.         The candidate with the highest number of votes in the General Election is deemed elected.

 

In a year in which there are three regularly scheduled At-Large Trustee seats on the ballot, not including elections to fill vacancies that may happen, the following occurs:

 

1.         If there are three or less candidates for the available seats at the close of filing, the candidates are deemed duly elected and do not appear on the ballot.  HRS § 13D-4(f)(1).

 

2.         If there are four, five, or six candidates, then they automatically are deemed nominated for the General Election and will not appear on the Primary Election ballot.  HRS § 13D-4(f)(2).

 

 

3.         If there are seven or more candidates for the three At-Large Trustee seats then all will appear on the Primary Election ballot.  HRS § 13D-4(f)(3).

 

a.         If in the Primary Election, a candidate receives over fifty percent of the votes cast then the person is deemed automatically elected at that time. 

 

b.         “[N]o more than twice the number of qualified candidates as seats available” will be declared duly nominated for the General Election.  This means that if there are three open At-Large seats then up to six candidates will appear on the General Election ballot for those three seats.  However, if in the Primary Election, a candidate receives over fifty percent of the votes cast and is deemed elected, then there would only be two remaining seats available for the General Election, meaning that only four candidates with the highest number of votes would be nominated for the General Election ballot.

 

4.         The candidates with the highest number of votes in the General Election are deemed elected.  Specifically, if there are three At-Large Trustee seats on the ballot in the General Election, then the three candidates receiving the highest amount of votes are elected. If there are two At-Large Trustee seats on the ballot in the General Election, due to a candidate having won in the Primary Election by having over fifty percent of the votes cast, then the two candidates receiving the highest amount of votes in the General Election are deemed elected.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CURRENT MEMBERS OF THE BOARD OF TRUSTEES

 

NAME                                             SEAT                                         NEXT ELECTION

 

Robert K. Lindsey, Jr.                   Resident of Hawaii                            2016

 

Carmen Hulu Lindsey[1]                Resident of Maui                                2014

 

Colette Y. Machado                      Resident of Molokai                           2016

 

Dan Ahuna                                    Resident of Kauai                              2016

 

Peter Apo                                       Resident of Oahu                              2014

 

Rowena N. Akana                        No Island Residency                         2014

 

S. Haunani Apoliona                   No Island Residency                         2016

 

Oswald K. Stender                        No Island Residency                         2014

 

John D. Waihee, IV                      No Island Residency                         2014

 

 

 

 

 

 

 

 

 

 

This Factsheet is intended for informational purposes and should not be construed to constitute legal advice or authority.  Readers should consult the most current version of the Hawaii Revised Statutes and other sources for a complete and legal basis of the law or seek assistance from a licensed private attorney.

 

Office of Elections
802 Lehua Avenue
Pearl City, Hawaii 96782
Phone: 808-453-VOTE(8683)
Neighbor Island Toll Free: 1-800-442-VOTE(8683)

TTY:  808-453-6150

Internet: www.hawaii.gov/elections

 

 

Office of Elections – FSBO136O

Rev. 07/22/14



[1] Office of Hawaiian Affairs Trustee Carmen Hulu Lindsey was elected in a Vacancy Election held on November 6, 2012 to fill a vacancy created upon the resignation of Trustee Boyd Mossman.